The Development of Constitutional Democracy Flashcards
What are natural rights
the right to life, liberty, and property; believed to be given by God; no government may take away
What is the state of nature
a theory on how people might have lived before societies came into existence
What is due process
the requirement that government, when dealing with people, has in place a fair procedure that it applies equally to all
What is the social contract
a powerful, foundational agreement between people and their government in which citizens consent to be governed so long as the government protects their natural rights
What is a direct democracy
a form of democracy where people participate personally in making government decisions instead of choosing representatives to do it for them
What is the Declaration of Independence
the original document, authored principally by Thomas Jefferson, that “birthed” the United States and started the Revolutionary War. It lists important natural rights and grievances against the King of England, as well as declaring independence.
What is the Bill of Rights
collectively, the first ten amendments to the U.S. Constitution, ratified in 1791; they list citizens’ civil liberties and civil rights.
What is bicameral legislature
a lawmaking body in the legislative branch that consists of two separate chambers or two separately elected groups of officials, such as Senators and Representatives, like the Virginia Plan. Bi-, meaning “two,” and camera, meaning “chamber,” are from Latin.
Who authored the Declaration of Independence
Thomas Jefferson
What is the Enlightenment
a philosophical project, the intention of which was to elevate or increase the influence of reason and science as sources of truth, thereby decreasing the authority of received custom and tradition
What was John Locke’s idea of natural rights
the rights to life, liberty, and property
What is the Tea Party movement
came about in 2009 and is still present. a reaction by conservative elements in US politics over a perceived liberalization of the social contract.
What is the Occupy Wall Street movement
seeks to redress the inequalities in today’s society and correct today’s economic inequalities
What were the influences of Locke on the Declaration of Independence
his emphasis on the ‘natural rights’ of individuals. Popular sovereignty.
What was Montesquieus influence on the US constitution
Separation of Powers: Executive, Legislative, Judicial
Why was the bill of rights drafted
The Anti-Federalists opposed the ratification of the Constitution and wanted a strong protection of natural rights. The Bill of Rights was the solution as it protected the natural rights
What does the constitution state
divides power into 3 branches: legislative, executive, and judicial. Relations between states, and the rules for amendments and other parts of the government
What is the general purpose of the 4th through the 8th amendments
serve to limit the power government has over us
What does the 10th amendment state
that if a power is not given to the federal government, then the states or the people still have it
What 2 types of rights are contained in the Bill of Rights
natural and procedural rights
What protects Locke’s idea of natural rights and provides Montesquieu’s protections known as due process of law
The Bill of Rights
What is the purpose of a social contract
to enhance the potential of human nature, which is done through the protection of natural rights
What are the american political ideologies
progressive, liberal, moderate, independent, conservative, and libertarian
What are the Articles of Confederation
the first attempt at organizing the government of the United States, consisting of a unicameral (one-chamber) Congress. It did not permit Congress to tax, regulate foreign or interstate commerce, or enforce its laws. The Articles of Confederation failed as it formed an alliance of sovereign state governments with too weak a national government.
What is a confederation
where the system of government allows states to retain most of their power and authority while delegating few defined powers to the national government
What are the 2 areas of bicameral legislature
House of Representatives (representation based on population) and a Senate (equal representation)
What are the 6 weaknesses of the Articles of Confederation
national government could not impose taxes and could only “request” money from states
national government could not regulate foreign trade
national government could not raise an army and had to request troops from states
each state had only one vote regardless of size
articles could not be changed without a unanimous vote
no national judicial system
What is a popular vote
the outcome of a democratic election in which all qualified voters are eligible to participate and the winner is the person who receives the largest number of individual votes
What was the Virginia Plan
a plan proposed by the representatives of Virginia at the Constitutional Convention for a two-house (bicameral) legislature, wherein the number of a state’s representatives in each chamber would be based on the state’s population
What was the New Jersey Plan
a plan proposed by the representatives of New Jersey at the Constitutional Convention that called for a one-house national legislature in which each state would have one vote
What is a unicameral legislature
a law-making body in the legislative branch that consists of only one chamber, like the New Jersey Plan.
What was the Great Compromise
also known as the Connecticut Compromise, this was a 1787 agreement that created a bicameral legislature in the new United States, with representation based on population in the House of Representatives and equal representation of states in the Senate.
What was the Three-Fifths Compromise
During the creation of the U.S. Constitution, an agreement made between Northern and Southern states that called for counting of all a state’s free population and 60 percent of its slave population for the twin purposes of federal taxation and representation in Congress
What is a veto
the power of a president to reject a law passed by Congress. Veto is a Latin term meaning “I forbid.”
What are checks and balances
constitutional powers that allow each branch of government to limit the exercise of power of the other two branches or approve their actions. This system requires different parts of government to work together and find agreement in order to accomplish new official actions.
What is separation of powers
the division of a government’s powers among three separate branches of government, managed by different groups of people. In the United States, the three branches of government are legislative, executive, and judicial.
What is a federal system
a form of government in which power is divided between state governments and a national government
What are enumerated powers
powers given explicitly to the federal government by the Constitution in Article I, Section 8. The enumerated powers are to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs.
What are reserved powers
any powers not prohibited by the Constitution or delegated to the national government; powers reserved to the states and denied to the federal government as outlined in the Tenth Amendment
How exactly does the Great Compromise work
The Senate would have an equal number of representatives from each state. The House of Representatives would have a number proportional to a state’s population
What is judicial review
the process of the Supreme Court ruling on the constitutionality of laws
What is a “check” on power of the Supreme Court that Congress has
Increase the number of justices on the Supreme Court
What is ratification
the action of signing or otherwise officially approving a treaty, contract, or agreement, making it legally valid
What is a republic
a system of government in which political power is held by the people through their ability to elect representatives who make laws on their behalf
What is habeus corpus
meaning, in Latin, “show me the body,” this is the right for a jailed citizen to appear before a judge to hear about a criminal charge. Habeus corpus prohibits imprisoning people without due process of law.
What are the Federalist Papers
a series of 85 essays written and published by several of the Founding Fathers—Alexander Hamilton, James Madison, and John Jay—in 1787–88, in favor of ratifying the newly written Constitution and of a strong federal government
What is a faction
also called an interest group, this is a group of people who gather to petition government for their special concern
Which Constitutional change was not advocated by the Federalists
The addition of the Bill of Rights
What is impeachment
a process for removing government officials suspected of “high crimes and misdemeanors,” including judges and even the president; impeachment requires a majority vote in the House of Representatives on articles of impeachment and then the support of two-thirds of the Senate for conviction and removal
What is an executive order
a written direction to a government agency issued by a president in the absence of congressional action to pursue a particular course of action. Generally, such an order changes an existing law and can be subject to challenge through the courts.
What is a bill of attainder
an act of a legislature, such as Congress, declaring a person guilty of a crime and levying a punishment, without a trial. The U.S. Constitution prohibits Congress from passing any bills of attainder.
What is the legislative branch made up of
100 US Senators
435 Representatives
What are the duties of Congress
making laws, approving federal judges and justices, passing national budget, declaring war, and dealing with international and interstate trade
What is the executive branch made up of
president and vice president
What is the judicial branch made up of
all courts in the US but supreme court is main one
What does the Supreme Court do
settles state disputes, hears court appeals, determines if laws are constitutional.
What is required for amendments to be changed
2/3 of both houses of Congress and 3/4 of the states
What was an argument outlined in Federalist No. 10
argued that the diversity of interests in society would prevent the dominance of any single faction
